U.S. Seventh Circuit - The FindLaw 7th Circuit Court of Appeals Opinion Summaries Blog

December 2015 News

Spirit of AC21 Act Should Be Followed, Rules 2nd Cir.

In an immigration employment decision that could have far reaching impacts, the Court of Appeals for the Second Circuit ruled that the legislative attempts to hasten H-1B "portability" for immigrants continues to be stymied by bureaucracy even 15 years after passing the American Competitiveness in the 21st Century Act.

According to the Second Circuit's ruling, leaving one's immigration status squarely in the hands of a disinterested employer is inimical to the act's purpose.

Water Analyst Can Publish Water Use Report, 7th Cir. Rules

A water analyst hired by Chicago's non-profit Alliance for Water Efficiency (AWE) will be allowed to publish the findings of a water report that "left the Alliance dissatisfied."

Even though the plaintiff in the case sought to be completely disassociated with the report, it does not appear that will be possible under the terms of the court finding. The circuit's response? Tough luck.

7th Cir. Rules on 'Our Lady of America' Defamation Case

The Seventh Circuit's Court of Appeals overturned a lower court's injunction ordering the complete shutdown of a blog in a legal battle over religious artifacts and defamation.

Being called a "fake nun" -- have any more libelous words ever been put to paper?

If you want to possess a firearm in Illinois, you need a Firearm Owners Identification card, or FOID. FOIDs aren't hard to get. A driver's license, recent photograph, and $10 are all that's required of most applicants. But if you're between the ages of 18 and 20, you'll also need a parent's consent. If mom and dad won't sign off, you have to jump through a few administrative hoops.

That extra hassle for teens who want guns isn't unconstitutional, the Seventh Circuit ruled on Monday.

Beer Sellers Aren't a 'Suspect Class,' 7th Cir. Rules

How do you keep underage teens from drinking beer? Obviously, by limiting the sale of cold beer to taverns, liquor stores, and bars! That's right, temperature is the key.

At least that's the argument promulgated by the state of Indiana. The Seventh Circuit said, "Sure, yeah right." And as weird as the rationale behind the law sounds, the real issue is whether or not it is fair to ban the sale of cold beer in some businesses and not in others. We challenge you to find weirder equal protection violation allegation before the year is out.

Nude Dancing? Not in Our Town! 7th Cir. Denies Owner's Relief

When Alva and Sandra Butler purchased a restaurant in Angola, Indiana, they had big plans to convert the venue into a nude dancing bar. Curiously, within days of buying the place, the city amended its zoning laws such that nude dancing would violate use restrictions...

Rather than alleging any taking by the government, the couple opted to raise a First Amendment violation and various other violations under Indiana law. After having their first petition for injunction denied, the Circuit seems to have taken a "hands off" approach.

What happens when a seniority-based job assignment system comes into conflict with the needs of disabled workers? Seniority wins, at least in a recent ADA lawsuit against United Airlines.

In that suit, a disabled United ramp serviceman failed to show "special circumstances" that would require United to make an exception to its seniority system, the Seventh Circuit ruled.

Selling of Students' Personal Info Is Not an Injury, Says 7th Cir.

In a decision that will outrage many, the Seventh Circuit has affirmed a lower court decision to dismiss the case Silha v. ACT, Inc. for lack of standing. The court ruled that the sale of students' personal information alone is not an injury by itself.

The case involves plaintiff students who had registered to that the ACT and SAT which were administered by the defendants and for which plaintiffs paid a fee. In a routine that is familiar to all students, plaintiffs divulged personally-identifiable information (PII) to the defendants which included their race, gender, contact information, and names.